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A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

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<strong>General</strong> Conditions <strong>of</strong> the Contract(n)“Verified Report” refers to the report submitted by the ImplementingUnit to the Head <strong>of</strong> the Procuring Entity setting forth its findings as tothe existence <strong>of</strong> grounds or causes for termination and explicitly statingits recommendation for the issuance <strong>of</strong> a Notice to Terminate.<strong>2.</strong> <strong>Corrupt</strong>, <strong>Fraudulent</strong>, Collusive, and Coercive Practices<strong>2.</strong><strong>1.</strong> The Procuring Entity as well as the bidders, contractors, or suppliers shallobserve the highest standard <strong>of</strong> ethics during the procurement and execution <strong>of</strong>this Contract. In pursuance <strong>of</strong> this policy, the Procuring Entity:(a)defines, for the purposes <strong>of</strong> this provision, the terms set forth below asfollows:(i)(ii)(iii)(iv)"corrupt practice" means behavior on the part <strong>of</strong> <strong>of</strong>ficials in thepublic or private sectors by which they improperly andunlawfully enrich themselves, others, or induce others to do so,by misusing the position in which they are placed, and itincludes the <strong>of</strong>fering, giving, receiving, or soliciting <strong>of</strong>anything <strong>of</strong> value to influence the action <strong>of</strong> any such <strong>of</strong>ficial inthe procurement process or in contract execution; entering, onbehalf <strong>of</strong> the Government, into any contract or transactionmanifestly and grossly disadvantageous to the same, whether ornot the public <strong>of</strong>ficer pr<strong>of</strong>ited or will pr<strong>of</strong>it thereby, and similaracts as provided in Republic Act 3019."fraudulent practice" means a misrepresentation <strong>of</strong> facts inorder to influence a procurement process or the execution <strong>of</strong> acontract to the detriment <strong>of</strong> the Procuring Entity, and includescollusive practices among <strong>Bid</strong>ders (prior to or after bidsubmission) designed to establish bid prices at artificial, noncompetitivelevels and to deprive the Procuring Entity <strong>of</strong> thebenefits <strong>of</strong> free and open competition.“collusive practices” means a scheme or arrangement betweentwo or more <strong>Bid</strong>ders, with or without the knowledge <strong>of</strong> theProcuring Entity, designed to establish bid prices at artificial,non-competitive levels.“coercive practices” means harming or threatening to harm,directly or indirectly, persons, or their property to influencetheir participation in a procurement process, or affect theexecution <strong>of</strong> a contract;(b)will reject a proposal for award if it determines that the <strong>Bid</strong>derrecommended for award has engaged in any <strong>of</strong> the practices mentionedin this Clause for purposes <strong>of</strong> competing for the contract.<strong>2.</strong><strong>2.</strong> Further the Funding <strong>Source</strong>, Borrower or Procuring Entity, as appropriate, willseek to impose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizations deemed tobe involved with any <strong>of</strong> the practices mentioned in GCC Clause <strong>2.</strong>1(a).

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